Modifications etc. (not altering text)
C1Pt. 9 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, s. 163
(1)A court must not award a community punishment in respect of an offence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant such a punishment.
(2)Where a court awards a community punishment—
(a)the particular requirement (or requirements) included in the order must be such as the court considers the most suitable for the offender; and
(b)the restrictions on liberty imposed by the order must be such as in the opinion of the court are commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it.
[F1(2A)Subsection (2) is subject to [F2section 208(10) and (11) of the Sentencing Code] (community orders: punitive elements) as applied by [F3section 178(3) and section 182(3A)].]
(3)In forming any such opinion as is mentioned in subsection (1) or (2)(b), a court must take into account all such information as is available to it about the circumstances of the offence and any associated offence, including any aggravating or mitigating factors.
(4)In forming an opinion for the purposes of subsection (2)(a) the court may take into account any information about the offender which is before it.
(5)In determining the restrictions on liberty to be imposed by a community punishment in respect of an offence, the court may have regard to any period for which the offender has, since being charged with the offence or any related offence, been kept in service custody in connection with the offence or any related offence.
(6)In subsection (5) “” has the meaning given by section 247.
[F4(6A)The fact that by virtue of any provision of this section—
(a)a community punishment may be awarded in respect of an offence, or
(b)particular restrictions on liberty may be imposed by a community punishment,
does not require a court to award such a punishment or to impose those restrictions.]
[F5(7)Subsections (1) and (2)(b) are subject to section 270A.]
Textual Amendments
F1S. 270(2A) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 34 (with Sch. 16 para. 35); S.I. 2013/2981, art. 2(e)
F2Words in s. 270(2A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 66(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F3Words in s. 270(2A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 66(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F4S. 270(6A) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 26(2); S.I. 2009/1028, art. 2(b)
F5S. 270(7) substituted for s. 270(7)(8) (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 20(1); S.I. 2012/669, art. 4(d)
Commencement Information
I1S. 270 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2S. 270 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
(1)If the conditions in subsection (2) are met, the power to award a community punishment in respect of an offence (“the current offence”) may be exercised even though the court would not otherwise regard—
(a)the current offence, or
(b)the combination of the current offence and one or more offences associated with it,
as serious enough to warrant a community punishment (despite the effect of section 238(1)(b)).
(2)The conditions referred to in subsection (1) are—
(a)that the offender was aged 16 or over when convicted of the current offence;
(b)that on three or more previous occasions the offender has been awarded a relevant financial penalty; and
(c)that the court, having regard to all the circumstances, considers that it would be in the interests of justice to award a community punishment.
(3)In subsection (2)(b) a “relevant financial penalty” means a sentence consisting only of a fine—
(a)passed on the offender in respect of a service offence F7... committed by the offender when aged 16 or over; [F8or]
(b)passed on the offender on conviction by a civilian court in the British Islands of an offence so committed; F9...
F10(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)For the purposes of subsection (2)(b) it is immaterial whether the offender has on other previous occasions been awarded a sentence other than a relevant financial penalty.
(5)The circumstances which must be had regard to under subsection (2)(c) include—
(a)the nature of the offences for which the relevant financial penalties were awarded;
(b)the relevance of those offences to the current offence; and
(c)the time that has elapsed since those penalties were awarded.
(6)For the purposes of subsection (3), none of the following forms part of an offender's sentence—
[F11(za)a criminal courts charge order (or an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge));]
(a)a service compensation order;
(b)a compensation order under—
[F12(i)section 133 of the Sentencing Code (or section 130 of the Powers of Criminal Courts (Sentencing) Act 2000);]
(ii)section 249 of the Criminal Procedure (Scotland) Act 1995; or
(iii)Article 14 of the Criminal Justice (Northern Ireland) Order 1994;
(c)a surcharge under [F13section 42 of the Sentencing Code (or section 161A of the 2003 Act)] [F14;
(d)an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.]
[F15(e)a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.]
(7)This section does not limit the extent to which a court may, in accordance with section 238, treat previous convictions of the offender as increasing the seriousness of an offence.
F16(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F6S. 270A inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 20(2); S.I. 2012/669, art. 4(d) (with art. 13)
F7Words in s. 270A(3)(a) omitted (13.11.2023) by virtue of Armed Forces Act 2021 (c. 35), ss. 17(4)(a)(i), 24(1); S.I. 2023/1102, reg. 4
F8Word in s. 270A(3)(a) inserted (13.11.2023) by Armed Forces Act 2021 (c. 35), ss. 17(4)(a)(i), 24(1); S.I. 2023/1102, reg. 4
F9Word in s. 270A(3)(b) omitted (13.11.2023) by virtue of Armed Forces Act 2021 (c. 35), ss. 17(4)(a)(ii), 24(1); S.I. 2023/1102, reg. 4
F10S. 270A(3)(c) omitted (13.11.2023) by virtue of Armed Forces Act 2021 (c. 35), ss. 17(4)(a)(iii), 24(1); S.I. 2023/1102, reg. 4
F11S. 270A(6)(za) inserted (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 123(7)(a) (with s. 5(9)); S.I. 2012/1236, reg. 2
F12S. 270A(6)(b)(i) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 67(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F13Words in s. 270A(6)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 67(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F14S. 270A(6)(d) inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 31; S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2
F15S. 270A(6)(e) inserted (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 123(7)(b) (with s. 5(9)); S.I. 2012/1236, reg. 2
F16S. 270A(8) omitted (13.11.2023) by virtue of Armed Forces Act 2021 (c. 35), ss. 17(4)(b), 24(1); S.I. 2023/1102, reg. 4